Vary licence conditions, hours or capacity

You can apply to the licensing authority if you want to change the conditions of a liquor licence, including trading hours and venue capacity,

When applying you'll need to meet certain requirements and provide a range of documents.

Application fee : $619

There is no fee for reducing the capacity or trading hours of a licensed premises but doing so may affect your annual fees.

What you'll need

Varying a licence condition

If the condition you want to change relates to a matter dealt with by a planning or development approval, you should check with your local council before applying for a variation.  The licensing authority may need you to provide a copy of your development approval as part of your application.

If you have an updated development approval, submit it along with your application.

In the following circumstances you are required to provide a community impact submission to demonstrate that the grant of the application is in the community interest:

  • you have a club licence and want to vary your licence conditions to allow the sale of liquor to persons, other than a resident, for takeaway
  • you have a a packaged liquor sales licence and want to vary your licence conditions to:
    • remove the condition restricting you to the sale of liquor by direct sales transactions only - eg online sales and mail order
    • remove or vary a condition restricting the type of liquor that you can sell or supply.

Varying your trading hours

Decreasing hours

You can apply to decrease your trading hours. Before applying you should consider any legal obligations you may have, such as your lease.

Increasing hours

As part of your application you may be required to provide a community impact submission to demonstrate that the grant of the application is in the community interest. You need to do this if you have:

  • an on premises licence and you want to increase your hours past 2.00 am unless:
    • the licence already authorises the sale of liquor past 2.00 am on any day
    • the licensed premises is a public conveyance, such as a bus, limousine or boat
  • a club licence and you want to increase your hours past 2.00 am, unless the licence already authorises the sale of liquor past 2.00 am on any day.

Varying capacity

The capacity of a licensed premises is the maximum number of people you intend to allow on the licensed premises at any one time, not the maximum capacity of the building.

Premises means the entire licensed area, not just the building.

When deciding the capacity of your premises you should consider

  • any outdoor areas, for example beer gardens, which will be part of the licensed premises
  • that you can’t have more people on your premises at any one time then what is stated on your liquor licence
  • that you still need to comply with any conditions on any planning and development permits or approvals, local laws and planning schemes.

Increasing capacity

To increase the capacity of your premises you will need to apply to the licensing authority.

As part of your application to increase the capacity of your licensed premises you may be required to provide a capacity assessment from either:

  • the council
  • a private certifier
  • a registered architect.

Decreasing capacity

You can apply to decrease the capacity of your premises.

What happens next

You can log in to LGO at any time to track the progress of your application.

You'll also receive periodic email notifications asking you to log in to receive important information such as the date that your application will be considered (determination date).

Submissions and interventions

An application to increase trading hours will be sent to South Australia Police Licensing Enforcement Branch. It may also be made available to members of the public.

Anyone can submit concerns regarding your licence application. For example, if your neighbours think that your business is going to be noisy or if they are concerned your business will have an impact on the neighbourhood they may consider lodging a submission with the Commissioner.

The police may also intervene in your application if they have concerns about public safety and disturbance or the fitness and propriety of any person holding the licence.

If all the approvals are in place and there are no concerns raised by any member of the public (submissions) or police (interventions), the application process will take approximately six to eight weeks.

Submissions or interventions must be lodged at least seven days before the determination date.

If anyone submits a concern regarding your application you will receive a copy.

You may then be asked to:

  • submit a response the Commissioner
  • take part in a conciliation conference with SAPOL or anyone else who submitted their concerns and the Commissioner or a delegate
  • attend a hearing before the Licensing Court.

A conciliation conference is usually held at CBS in the Adelaide CBD.

The Commissioner or delegate must consider all submissions, interventions and responses, and may make a decision on your application without asking you to respond, having a conciliation conference or holding a hearing.

Information for the general public about objecting to liquor licence applications.

Conciliation conference

A conciliation conference is a confidential conference where the Commissioner or delegate will attempt to reach an agreement between the parties. You don’t need to be represented by a lawyer, but you can choose to do so, if you think it’s necessary.

At the conciliation conference:

  • you will be asked to explain the nature and intent of your business
  • the other party will express their concerns
  • the delegate will help the parties try to reach an agreement.

At the end of the conference the delegate will either:

  • make a decision on your application
  • ask that the parties attend a hearing.

Hearing

A hearing is more formal than a conciliation conference where all parties will put forward evidence for the Commissioner or a delegate to make a decision.

At a hearing both parties will be able to put their case forward. The Commissioner or delegate will then make a decision on the application.

In special circumstances the Commissioner or delegate may refer your application to the Licensing Court to make a decision.

Contact CBS Liquor and Gaming

Email: liquorandgaming@sa.gov.au

Phone: 131 882

In person:
91 Grenfell Street
Adelaide

Post:
GPO Box 2169
Adelaide SA 5001


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Page last updated 18 November 2019

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/business-and-trade/liquor/vary-a-licence/vary-conditions
Last Updated:
18/11/19
Printed on:
08/12/19
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2019
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